PHILOSOPHY / GOALS / OBJECTIVES AND COMPREHENSIVE PLANS

Transcription

1 CHARTER SCHOOL AUTHORIZATION The Governing Board believes that charter schools provide one opportunity to implement school-level reform and to support innovations which improve student learning when such programs are thoughtfully designed to meet local student needs and are professionally delivered by individuals or organizations with expertise in public education. These schools shall operate under the provisions of their charters, federal laws, specified state laws, and general oversight of the Board. Only petitions that reflect a seriousness of purpose and display a level of understanding of the complexities of public education operations will be considered for approval by the Governing Board. One or more persons may submit a petition for a start-up charter school to be established within the district. In addition, an existing district school may be converted to a charter school when deemed beneficial by the district and community or when state or federal law requires restructuring of the school because of low performance. Any petition for a start-up charter school or conversion charter school shall include all components and signatures required by law and shall be submitted to the Board. Petitioner shall submit a minimum of 10 paper copies of the petition and all exhibits as well as in electronic pdf format. The district may require petitioner to also submit budget documents and calculations in their original electronic format (Excel, SACS, etc.) for review. The Superintendent or designee may work with charter school petitioners prior to the formal submission of the petition in order to ensure compliance of the petition with legal requirements. As needed, he/she also may meet with the petitioners to establish workable plans for technical assistance or contracted services which the district may provide to the proposed charter school. Within 30 days of receiving a petition to establish a charter school, the Board shall hold a public hearing to determine the level of support for the petition by teachers, other employees of the district, and parents/guardians. Within 60 days of receiving a petition, or within 90 days with mutual consent of the petitioners and the Board, the Board shall either approve or deny the request to establish the charter school. The approval or denial of a charter petition shall not be controlled by collective bargaining agreements nor subject to review or regulation by the Public Employment Relations Board. The Board shall approve the charter petition if doing so is consistent with sound educational practice. In granting charters, the Board shall give preference to schools best able to provide comprehensive learning experiences for academically low-achieving students according to standards established by the California Department of Education (CDE) under Education Code The Board may initially grant a charter for a specified term not to exceed five years. San Dieguito Union High School District Page 1 of 5

2 The Board may approve one or more Memoranda of Understanding (MOU) to clarify the financial and operational agreements between the District and the charter school. Any such MOU may be reviewed on an ongoing basis by the Board and charter school and adjusted as necessary. The District shall not require any student to attend a charter school and shall not require any District employee to work at a charter school. The Board shall ensure that any charter granted by the Board contains adequate processes and measures for holding the school accountable for fulfilling the terms of its charter. These shall include, but not be limited to, fiscal accountability systems, multiple measures for evaluating the educational program, and regular reports to the Board. The Board shall monitor each charter school to determine whether it makes "adequate yearly progress" as defined by the State Board of Education and federal Title I accountability requirements. If a charter school fails to make adequate yearly progress for two or more consecutive years, the Board shall take action for program improvement in accordance with law, Board policy, and administrative regulations. It shall be the responsibility of the petitioners to provide written notice of the Board's approval and a copy of the charter to the County Superintendent of Schools, the CDE, and the State Board of Education (SBE). The Board may consider converting an existing school to a charter school when state or federal law requires restructuring of the school because of low-performance or when otherwise deemed beneficial by the District and community. The Board shall deny any petition to authorize the conversion of a private school to a charter school or that proposes to serve students in a grade level that is not served by the district, unless the petition proposes to serve students in all the grade levels served by the district. Any other charter petition shall be denied only if the Board presents written factual findings specific to the petition that one or more of the following conditions exist: 1. The charter school presents an unsound educational program for the students to be enrolled in the charter school. 2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. 3. The petition does not contain the number of signatures required. 4. The petition does not contain an affirmation of each of the conditions described in Education Code 47605(d). 5. The petition does not contain reasonably comprehensive descriptions of the charter provisions in Education Code 47605(b). The Board shall not deny a petition based on the actual or potential costs of serving students with disabilities, nor shall it deny a petition solely because the charter school might enroll disabled students who reside outside the special education local plan area in which the district participates. San Dieguito Union High School District Page 2 of 5

3 If the Board denies a petition, the petitioners may choose to submit the petition to the County Board of Education and, if then denied by the County Board, to the SBE. LEGAL REFERENCES EDUCATION CODE 220 Nondiscrimination Charter schools facility funding; state bond proceeds Field Act Field Act, Fitness for Occupancy Waivers Charter School Revolving Loan Fund Annual Statement of Receipts and Expenditures Funding for Charter Districts Criminal Record Summary Certificated Employees, Conviction of a Violent or Serious Felony Classified Employees, Conviction of a Violent or Serious Felony Instructional Minutes Charter Schools Act of Special Education Funding for Charter Schools Funding of First-year Charter Schools Minimum Age of Admission (kindergarten) Minimum Age of Admission (first grade) Minimum Age of Admission from Kindergarten or Other School Independent Study Numerically significant student subgroup, definition Parent Empowerment Act Limited English or Low-achieving Pupils Special Education Special Education Services in Charter Schools Assessment of Academic Achievement, including: Academic Content and Performance Standards, Assessments Standardized Testing and Reporting Program High School Exit Examination CORPORATIONS CODE Nonprofit public benefit corporations GOVERNMENT CODE 1090 & 1091 Conflict of Interest Educational Employment Relations Act 6250 Public Records Act Ralph M. Brown Act et seq. Political Reform Act San Dieguito Union High School District Page 3 of 5

4 PENAL CODE Definition of Violent Felony Definition of Serious Felony CODE OF REGULATIONS, TITLE Parent Empowerment Act Independent Study Charter Schools CODE OF REGULATIONS, TITLE et seq. California Building Standards Code UNITED STATES CODE, TITLE Adequate Yearly Progress 6316 Program Improvement 6319 Qualifications of Teachers and Professionals Charter Schools CODE OF FEDERAL REGULATIONS, TITLE Accountability Highly Qualified Special Education Teachers COURT DECISIONS Desert Sands Unified School District and Washington Charter School v. Public Employment Relations Board and California School Employees Association and its Desert Sands Chapter #106, No. BC126357, Superior Court, County of Los Angeles Wilson v. State Board of Education, (1999) 75 Cal. App.4 th 1125; 89 Cal.Rptr.2d 745 Sequoia Union High School District v. Aurora Charter School, (2003) 42 Cal.App.4 th 185; 5 Cal.Rptr3d 86 Environmental Charter High School v. Centinela Valley High School District, (2004) 122 Cal.App.4 th 139 Ridgecrest Charter School v. Sierra Sands School District, (2005) 130 Cal.App.4 th 496 Knapp v. Palisades Charter High School, (2006) 46 Cal.Rptr3d 295 ATTORNEY GENERAL OPINIONS 78 Ops.Cal.Atty.Gen.253 (1995) 78 Ops.Cal.Atty.Gen.297 (1995) 80 Ops.Cal.Atty.Gen. 52 (1997) 81 Ops.Cal.Atty.Gen.140 (1998) 89 Ops.Cal.Atty.Gen. 166 (2006) Management Resources: CSBA PUBLICATIONS The Role of the Charter School Authorizer, Online Course San Dieguito Union High School District Page 4 of 5

5 Charter Schools: A Manual for Governance Teams, rev Charter School Facilities and Proposition 39: Legal Implications for School Districts, 2005 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS Sample Copy of a Memorandum of Understanding Special Education and Charter Schools: Questions and Answers, September 10, 2002 U.S. DEPARTMENT OF EDUCATION GUIDANCE Charter Schools Program, July 2004 The Impact of the New Title I Requirements on Charter Schools, July 2004 WEB SITES CSBA: California Charter Schools Association: California Department of Education, Charter Schools: National Association of Charter School Authorizers: U.S. Department of Education: San Dieguito Union High School District Page 5 of 5